Mythbusting!
Transparency matters. In an age where misinformation runs rampant on social media, this space aims to provide a forum for the City to share first-hand information about current projects and programs.
What topic(s) would you like to know more about?
If there’s a City program or policy you would like to learn more about, e-mail publicaffairs@ci.wilsonvillle.or.us. We'll check in with the project manager to provide first-hand information.
The City doesn’t want to do business with Home Depot - FALSE
Home Depot, the Atlanta-based home improvement retailer, seeks to open at the former Fry’s Electronics store (29400 SW Town Center Loop West). To this end, in late 2023, Home Depot filed an application with the City to be treated as a “continuation” of an existing “non-conforming” use at the location. This application has been the subject of controversy.
The Fry’s property, located within the Wilsonville Town Center, is zoned in accordance with the 2019 Wilsonville Town Center Plan. This Plan details the community’s vision for a neighborhood that includes about 100 acres of property within and adjacent to Town Center Loop. An extensive two-year public engagement effort informed the Town Center Plan. The community’s preference was a pedestrian-oriented mixed-use Town Center, a modern main street, and buildings with smaller footprints.
“Everything in that document came from the community,” said Miranda Bateschell, the City’s Planning Director, who oversaw the most extensive public engagement effort in the City’s history.
Oregon state land use laws stipulate that after new development code (i.e. the Town Center Plan) is adopted, existing structures and uses that do not meet the new requirements become “non-conforming.” While that specific use is allowed to continue as-is (even if it does not conform to the new development code) any other use, or expansion or modification of the use is not permitted. This “non-conforming use” doctrine protects property owners and operators that might be negatively impacted by a new development code, allowing them to continue operating. It also protects communities by ensuring that any changes or expansions implemented after adoption must undergo further scrutiny by the local government.
“If you don’t have a narrow interpretation of non-conforming use, it undercuts the community’s vision and a comprehensive plan can never be implemented,” said Bateschell. “With a broad interpretation, almost anything could go in any building.”
City planners met with Home Depot representatives on multiple occasions to discuss all potential paths for Home Depot to locate in Wilsonville. These paths include finding a location in another area (with permissive zoning), operating at the Fry’s location within applicable Town Center regulations, or applying for a change of non-confirming use. Home Depot has not pursued these options, and instead applied to locate at the Fry’s Electronics location through a continuation of non-conforming use application.
In two separate proceedings, the City’s Development Review Board (DRB) recognized the non-conforming use of the Fry’s Electronics store (“a 159,400 square-foot electronics-related retail store”), and declined to recognize Home Depot’s proposed use at this location as a continuation of this non-conforming use. After a review with the applicant, City Council affirmed these DRB decisions. Home Depot has appealed City Council’s decisions in this matter to the Oregon Land Use Board of Appeals (LUBA).
Wilsonville welcomes any applicant who proposes development consistent with City regulations. Home Depot has not filed a development application with the City that would allow the City to consider its merits. The City is limited to considering the applications that have been filed.
With the Urban Renewal advisory vote failing, the Wilsonville Town Center Plan is Dead - FALSE
In May’s advisory vote, by the narrowest of margins, residents did not support the establishment of an Urban Renewal District that would avail funding to complete public infrastructure projects outlined in the Wilsonville Town Center Plan.
So, what’s next?
The City’s Planning Director, Miranda Bateschell, affirms that the vision for the area within and adjacent the Town Center Loop remains clear; only the timeline may change.
“The Plan has been in place for five years and will continue to guide permitting, investment and future redevelopment of available property,” Bateschell said.
Adopted by the Planning Commission and the City Council in 2019, the Wilsonville Town Center Plan was informed by the input of thousands who provided input via online surveys and polls, workshops and meetings, community events, idea centers, and focus groups over two years.
“The Plan reflects community priorities gathered during the most extensive public outreach program in the City’s history,” Bateschell said.
Its pillars include consolidated, accessible parking spaces, safe connectivity for cyclists and pedestrians, year-round gathering places, vibrant dining and entertainment options, and mixed-use buildings. A chain of parks, plazas and promenades provide a connection to Memorial Park.
“Until 2019, Town Center development was guided by a plan established in the late 1970s, and a lot has changed in 45 years,” Bateschell said. “The Town Center Plan is a forward-thinking plan to maintain Wilsonville’s high quality of life for future generations.”
Without Urban Renewal, the City faces a significant challenge to fund the infrastructure improvements in Town Center that would incentivize private developers to invest in Wilsonville.
“The community has emphatically supported this Plan, but without new parks, roads, a pedestrian bridge and other improvements to entice builders, vacant properties could lay stagnant and delay the vision,” Bateschell said.
